South Africa: Litigation, Mediation & Arbitration

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

Tying Up The Loose Ends - Mediation Is A Must Unless Exceptional Circumstances Exist

Mediation has become an integral part of the civil litigation process in the Gauteng division. The Mediation Protocol ("the Protocol")...

South Africa Litigation

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ENS

The Guide To Dispute Resolution In Africa 2025

Welcome to the fourth edition (2025) of Herbert Smith Freehills Kramer's Guide to Dispute Resolution in Africa. We are delighted to present this updated publication, which continues to offer a comprehensive overview...

Worldwide Litigation

KL

Herbert Smith Freehills Kramer LLP

Sufficient Knowledge, Not Suspicion: Clarifying Prescription In Medical Malpractice Cases

The recent Eastern Cape Division of the High Court judgment in N[…] v Member of the Executive for the Department of Health, Eastern Cape serves as a critical reminder of the intricacies...

South Africa Litigation

AA

Adams & Adams

Enrichment Claims And The Application Of The Institution Of Legal Proceedings Against Certain Organs Of State Act

The Eastern Cape Division of the High Court recently delivered a judgment in Bergsig Special School v MEC: Education on the interface between unjust enrichment claims...

South Africa Litigation

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ENS

Guardrails For Judicial Accountability And The Limits Of Judicial Misconduct

South Africa Litigation

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ENS

Inadmissible Evidence Does Not Become Admissible Simply Because It Is The Best Evidence Available

South Africa Litigation

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ENS

A Party Relying On Compromise Bears The Onus Of Proof

South Africa Litigation

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ENS

The Manner In Which A Decision Is Taken To The SCA For Reconsideration And Variation

South Africa Litigation

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ENS

Resolving Arbitration Related Disputes In The Public Interest - New Directive Accelerates Resolution Of Arbitration Disputes

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

Curbing Vexatious And Abusive Legal Proceedings

South Africa Litigation

E

ENS

Turning An Arbitration Award Into A Court Order In South Africa

South Africa Litigation

BI

Barnard Inc.

Arbitration As An Alternative Dispute Resolution Mechanism In South Africa

South Africa Litigation

BI

Barnard Inc.

Triggering The Exclusion: How A Firearms Clause Shielded An Insurer From Liability

South Africa Litigation

AA

Adams & Adams

Amendments To The High Court And Magistrates Court Rules

South Africa Litigation

E

ENS

Eminem Vs. Meta: When Music Meets IP Law

South Africa IP

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ENS

The Guiding Principles Of AI Usage In The Legal Profession: A Holistic Overview

South Africa Technology

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ENS

King v: Data, Information And Technology – What You Need To Know

South Africa Commercial

E

ENS

The BBC Scandal: Mismanagement Of Manipulation In The Workplace

South Africa Employment

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ENS

Sick Notes In South African Workplaces: Clear Rules, Fair Processes

South Africa Employment

FW

Fairbridges Wertheim Becker

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Disclosure & Electronic Discovery & Privilege

Video Evidence Seals The Deal: High Court Enforces Suretyships

In a recent judgment delivered by the Gauteng Division of the High Court, the Plaintiff, a major financial institution, sought a monetary judgment against the Defendants...

South Africa Litigation

AA

Adams & Adams

Balancing Disclosure In South African Courts: Rule 53; Rule 35; And Judicial Discretion

In South African law, the disclosure of documents is regulated by two distinct provisions: Rule 53 and Rule 35 of the Uniform Rules of Court.

South Africa Litigation

FW

Fairbridges Wertheim Becker

Uncover The Truth With EDiscovery: Safeguarding Your Organisation From Internal Fraud Beyond Litigation

eDiscovery refers to the role of teams that specialise in providing support to various internal corporate functions, particularly legal, risk and compliance, to manage evidentiary obligations...

South Africa Litigation

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ENS

Pre-Litigation Discovery

South Africa Litigation

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Fasken

South Africa Legal Privilege Meets Journalistic Freedom Of Expression

South Africa Litigation

HS

Herbert Smith Freehills Kramer LLP

e-Discovery And What It Means For Legal Practitioners In SA

South Africa Litigation

SI

SchoemanLaw Inc.

Anton Piller Orders: Preserving Evidence On An Urgent Basis

South Africa Litigation

Tf

Tabacks

International Arbitration Comparative Guide

South Africa Litigation

HS

Herbert Smith Freehills Kramer LLP

Discovery – Who Calls The Shots

South Africa Litigation

Vd

Vasco de Oliveira Inc.

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Arbitration & Dispute Resolution

The Guide To Dispute Resolution In Africa 2025

Welcome to the fourth edition (2025) of Herbert Smith Freehills Kramer's Guide to Dispute Resolution in Africa. We are delighted to present this updated publication, which continues to offer a comprehensive overview...

Worldwide Litigation

KL

Herbert Smith Freehills Kramer LLP

But Who Will Keep Our Pets?

In a deeply emotional and unusually contentious dispute stretching nearly two years, the High Court concluded that Benji, a young Labrador, must be returned to the applicant.

South Africa Family

AA

Adams & Adams

Why Information Technology (IT) Projects Fail: Identifying The Correct Stakeholders

The success of an IT project relies not only on technical execution but equally on clearly defined responsibilities.

South Africa Media & IT

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ENS

A Party Relying On Compromise Bears The Onus Of Proof

South Africa Litigation

E

ENS

Resolving Arbitration Related Disputes In The Public Interest - New Directive Accelerates Resolution Of Arbitration Disputes

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

Curbing Vexatious And Abusive Legal Proceedings

South Africa Litigation

E

ENS

Turning An Arbitration Award Into A Court Order In South Africa

South Africa Litigation

BI

Barnard Inc.

Arbitration As An Alternative Dispute Resolution Mechanism In South Africa

South Africa Litigation

BI

Barnard Inc.

Supply Chain Disruptions: Tailoring The Force Majeure Clause To Agricultural Realities

South Africa Commercial

WW

Webber Wentzel

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Court Procedure

Subpoenaed Under Section 417 – What Are Your Rights And Obligations?

Being subpoenaed to appear at a Section 417 enquiry can feel daunting, especially if you're unfamiliar with the process.

South Africa Government

BI

Barnard Inc.

What Litigators Do All Day

Most people experience litigation in two ways: the jolt of the initial demand and the bill that follows a month later. In between, the matter can feel like a sealed container – documents...

South Africa Litigation

BI

Barnard Inc.

The Admissibility Of Video Evidence In Motion Proceedings

In FirstRand Bank Ltd v Ayob and Another, the Gauteng Division of the High Court of South Africa in Pretoria had to consider whether video footage may be admissible as evidence in motion proceedings.

South Africa Litigation

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ENS

Changes To The Enrolment Procedure And Related Aspects Of The Opposed Motion Court In Johannesburg

South Africa Litigation

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ENS

Joinder Of Third Party In Slip And Fall Case: A Legal Analysis

South Africa Litigation

AA

Adams & Adams

Application To Strike Out, Struck Out!

South Africa Litigation

FW

Fairbridges Wertheim Becker

Wescoal Judgment On Post-Commencement Creditors – How The Appeal Proceedings Affect Its Enforceability.

South Africa Litigation

BI

Barnard Inc.

The 180-Day Period In PAJA

South Africa Litigation

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ENS

The Revival Of An Agreement That Lapsed For The Failure To Fulfil Conditions Precedents

South Africa Litigation

E

ENS

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Trials & Appeals & Compensation

Tying Up The Loose Ends - Mediation Is A Must Unless Exceptional Circumstances Exist

Mediation has become an integral part of the civil litigation process in the Gauteng division. The Mediation Protocol ("the Protocol")...

South Africa Litigation

E

ENS

Subpoenaed Under Section 417 – What Are Your Rights And Obligations?

Being subpoenaed to appear at a Section 417 enquiry can feel daunting, especially if you're unfamiliar with the process.

South Africa Government

BI

Barnard Inc.

Interdict, Appeal, Review: Dissecting The Limits Of Interim Relief In HPCSA Matters

On 4 November 2025, the Pretoria High Court delivered an important judgment on the nature and limits of the statutory framework governing the internal processes of the HPCSA.

South Africa Healthcare

AA

Adams & Adams

The Peremptory Requirements Applicable Prior To Suing A Judge

South Africa Criminal

E

ENS

Enrichment Claims And The Application Of The Institution Of Legal Proceedings Against Certain Organs Of State Act

South Africa Litigation

E

ENS

Guardrails For Judicial Accountability And The Limits Of Judicial Misconduct

South Africa Litigation

E

ENS

Banks Can Breathe A Sigh Of Relief, As Pretoria High Court Declines To Extend Delictual Liability For Pure Economic Loss

South Africa Finance

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ENS

Inadmissible Evidence Does Not Become Admissible Simply Because It Is The Best Evidence Available

South Africa Litigation

E

ENS

Can ICASA Condone The Late Submission Of A Notice To Renew A Broadcasting Licence?

South Africa Media & IT

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ENS

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Latest Videos

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Young AFSA Webinar – Session 3 (Video)

Deale Attorneys

The CBN Naira Redesign And The Supreme Court Ruling; What You Should Know. (Video)

TT

The Trusted Advisors

ZC

Zenas Chambers, ChimwaMurombe Legal Practice

State Capture Inquiry | Director Of ENS Forensics Steven Powell To Testify | 3 (Video)

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ENS

Dispute Resolution (Video)

SI

SchoemanLaw Inc.

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